HARARE – Self-declared Citizens Coalition for Change (CCC) secretary general Sengezo Tshabangu has filed an application at High Court to have names of recalled party MPs and councillors who resubmitted nomination papers to stand for CCC in the December 9 by-elections expunged from the ballot paper.

Through his lawyer Nqobani Sithole, Tshabangu said the basis for recalling the MPs was that they had ceased to be members of CCC, and it made no legal sense to have them stand again using the party’s name.

If the application succeeds, some races where Zanu PF candidates had one challenger from the CCC could see the ruling party claim the seats unopposed, including in Mabvuku Tafara.

“If a member is expelled from the party in terms of section 179 of the constitution, there is no reason for that person to then attempt to hoodwink the system that has expelled him and go back to parliament or any other institution… so service will be done to those who were expelled so that we hear their side of the story,” Sithole said.

Advocate Lewis Uriri, also a member of Tshabangu’s legal team, added: “You remember that these people were recalled by the CCC. They challenged their recall in the High Court and the court upheld the recalls.

“As a result, we know for a fact that they ceased to be members of parliament on account of their recall by CCC. They then proceeded to file their nomination papers under the CCC, the very same party that recalled them.

“The law knows no such absurdity. The party that recalled them did not sign their nomination papers and they were therefore improperly nominated and we will be seeking that they be expunged from the list of those that were validly nominated such that they will not be on the ballot paper.”

Tshabangu recalled 14 CCC MPs, nine senators and 17 councillors on October 4, claiming they had ceased to be members of the party, which they deny. A court later ruled that the recalled MPs had failed to prove that Tshabangu had no authority to recall them, or that they were still CCC members.

The MPs have appealed the High Court’s ruling and their matter has been set for hearing on December 1 at the Supreme Court.

The High Court is also expected to hear another case in which CCC is seeking to block Tshabangu from representing the party this Tuesday.

An interim interdict against Tshabangu was granted last week pending the hearing of the main case.